A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know that trial is not only an uncommon method of resolving disputes, but a disfavored one. With some notable exceptions, lawyers, judges, and commentators agree that pretrial settlement is almost always cheaper, faster, and better than trial. Much of our civil procedure is justified by the desire to promote settlement and avoid trial. More important, the nature of our civil process drives parties to settle so as to avoid the costs, delays, and uncertainties of trial, and, in many cases, to agree upon terms that are beyond the power or competence of courts to dictate. These are powerful forces, and they produce settlement in a very high proportion...
For all of the ways in which the Sabia case is extraordinary, its outcome--settlement--is decidedly ...
This paper uses a unique data set to examine how parties in civil litigation choose whether to deman...
Law and economics models of litigation settlement, based on the behavioral assumptions of rational c...
A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know ...
A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know ...
Few of the suits that are filed continue to trial, but some plaintiffs and defendants find their int...
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is bec...
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is bec...
A persistently troubling question in the legal-economic literature is why cases proceed to trial. Li...
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is bec...
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is bec...
When negotiations break down and a dispute cannot be settled, attorneys commonly blame their adversa...
When negotiations break down and a dispute cannot be settled, attorneys commonly blame their adversa...
By protecting the right to a jury, the state and federal constitutions recognize the fundamental val...
By protecting the right to a jury, the state and federal constitutions recognize the fundamental val...
For all of the ways in which the Sabia case is extraordinary, its outcome--settlement--is decidedly ...
This paper uses a unique data set to examine how parties in civil litigation choose whether to deman...
Law and economics models of litigation settlement, based on the behavioral assumptions of rational c...
A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know ...
A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know ...
Few of the suits that are filed continue to trial, but some plaintiffs and defendants find their int...
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is bec...
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is bec...
A persistently troubling question in the legal-economic literature is why cases proceed to trial. Li...
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is bec...
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is bec...
When negotiations break down and a dispute cannot be settled, attorneys commonly blame their adversa...
When negotiations break down and a dispute cannot be settled, attorneys commonly blame their adversa...
By protecting the right to a jury, the state and federal constitutions recognize the fundamental val...
By protecting the right to a jury, the state and federal constitutions recognize the fundamental val...
For all of the ways in which the Sabia case is extraordinary, its outcome--settlement--is decidedly ...
This paper uses a unique data set to examine how parties in civil litigation choose whether to deman...
Law and economics models of litigation settlement, based on the behavioral assumptions of rational c...